WVC 61 - 2 - 16 A
§61-2-16a. Malicious assault; unlawful assault; battery and
recidivism of battery; assault on a driver,
conductor, motorman, captain, pilot or other person
in charge of any vehicle used for public
conveyance.
(a) Malicious assault. -- Any person who maliciously shoots,
stabs, cuts or wounds or by any means causes bodily injury with
intent to maim, disfigure, disable or kill any driver, conductor,
motorman, captain or other person in charge of any vehicle or boat,
driven by steam, electricity, gasoline or other motive power and
used for public conveyance acting in his or her official capacity
and the person committing the malicious assault knows or has reason
to know that the victim is a driver, conductor, motorman, captain
or other person in charge of any vehicle or boat used as a public
conveyance, acting in his or her official capacity, is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than three nor more than fifteen
years.

(b) Unlawful assault. -- Any person who unlawfully but not
maliciously shoots, stabs, cuts or wounds or by any means causes
any driver, conductor, motorman, captain or other person in charge
of any vehicle, aircraft or boat, driven by steam, electricity,
gasoline or other motive power and used for public conveyance
acting in his or her official capacity, bodily injury with intent
to maim, disfigure, disable or kill him or her and the person committing the unlawful assault knows or has reason to know that
the victim is a driver, conductor, motorman, captain or other
person in charge of any vehicle or boat used as a public
conveyance, acting in his or her official capacity, is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility for not less than two nor more than five
years.

(c) Battery. -- Any person who unlawfully, knowingly and
intentionally makes physical contact of an insulting or provoking
nature with a driver, conductor, motorman, captain or other person
in charge of any vehicle or boat, driven by steam, electricity,
gasoline or other motive power and used for public conveyance,
acting in his or her official capacity, or unlawfully and
intentionally causes physical harm to a driver, conductor,
motorman, captain or other person in charge of any vehicle or boat,
driven by steam, electricity, gasoline or other motive power and
used for public conveyance, in such capacity, and the person
committing the battery knows or has reason to know that the victim
is a driver, conductor, motorman, captain or other person in charge
of any vehicle or boat used as a public conveyance, acting in his
or her official capacity is guilty of a misdemeanor and, upon
conviction thereof, shall be confined in the county or regional
jail for not less than one month nor more than twelve months, fined
the sum of five hundred dollars, or both. If any person commits a
second such offense, he or she is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility
for not less than one year nor more than three years or fined the
sum of one thousand dollars or both fined and confined. Any person
who commits a third violation of this subsection is guilty of a
felony and, upon conviction thereof, shall be confined in a
correctional facility not less than two years nor more than five
years or fined not more than two thousand dollars or both fined and
confined.

(d) Assault. -- Any person who unlawfully attempts to commit
a violent injury to the person of a driver, conductor, motorman,
captain or other person in charge of any vehicle or boat, driven by
steam, electricity, gasoline or other motive power and used for
public conveyance, acting in his or her official capacity, or
unlawfully commits an act which places a driver, conductor,
motorman, captain or other person in charge of any vehicle or boat,
driven by steam, electricity, gasoline or other motive power and
used for public conveyance, acting in his or her official capacity,
in reasonable apprehension of immediately receiving a violent
injury, and the person committing the assault knows or has reason
to know that the victim is a driver, conductor, motorman, captain
or other person in charge of any vehicle or boat used as a public
conveyance, acting in his or her official capacity is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in the
county or regional jail for not less than twenty-four hours nor
more than six months, fined not more than two hundred dollars, or both fined and confined.

Note: WV Code updated with legislation passed through the 2015 Regular Session
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